Terms and Conditions
User's Acknowledgment and Acceptance of Terms (Last updated on May 9, 2017)
PLEASE READ EACH AND EVERY PROVISION OF THIS TERMS AND CONDITIONS CAREFULLY:
Brandove Private Limited ("Brandove", "Us" or "We") provides the Brandove Platform www.brandove.co, mobile application and various related services (collectively, the "Brandove Platform") to you, the user, conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this agreement (the "Terms and Conditions of Use"), as well as any other written agreement between us and you. By browsing through the Brandove Platform / Mobile Application the user hereby accepts the Terms and Conditions and consents their approval to the provisions of the Terms and Conditions as laid down herein below. In addition, when using particular services or materials on the Brandove Platform, you shall also be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions of Use. All such additional guidelines or rules are hereby incorporated by reference into these Terms and Conditions of Use.
BY MERE ACCESSING AND USING THE BRANDOVE PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE AND DO NOT WISH TO BE BOUND BY THE THESE TERMS AND CONDITIONS OF USE, YOU HAVE NO RIGHT TO ACCESS OR USE THE BRANDOVE PLATFORM, APPLICATION, SERVICES OR BRANDOVE PLATFORM CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, EXIT THE BRANDOVE PLATFORM NOW. YOUR SOLE AND ONLY REMEDY FOR DISSATISFACTION WITH THE BRANDOVE PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE BRANDOVE PLATFORM, IS TO STOP USING THE BRANDOVE PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE BRANDOVE PLATFORM.
We expressly reserve the right to modify, discontinue or terminate the Brandove Platform, Application or Services or to change these Terms and Conditions of Use at any time and without serving any notice to you. You acknowledge and agree that it is your responsibility to review the Brandove Platform and these Terms and Conditions of Use from time to time and to familiarize yourself with any modifications. If we modify these Terms and Conditions of Use, we will post the modification on the Brandove Platform. We will also update the "Last Updated Date" at the top of these Terms and Conditions of Use. Your continued access to, or use of the Brandove Platform after we have posted a modification will constitute acknowledgement of the modified Terms and Conditions of Use and agreement to abide by and be bound by the modified Terms and Conditions of Use. If the modified Terms and Conditions of Use are not acceptable to you, your only recourse is to cease using the Brandove Platform, Applications and the Services.
As used in these Terms and Conditions of Use, references to our "Affiliates" include our promoters, subsidiaries, affiliated companies, officers, directors, suppliers, partners, investors, sponsors, and advertisers.
Description of Services
We make various services available on and through the Brandove Platform including, but not limited to, personalized recommendations and style advice for women's clothing and accessories, along with other services and features we deem relevant. You are responsible for providing, at your own expense, all equipment and resources necessary to use the Brandove Platform and Services, including a computer, software, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue any service associated with the Brandove Platform, including any of the Brandove Platform's features, at any time with or without serving any notice to you. You agree that we will not be liable to you or any third party should we exercise such right at any time. You also agree that any new features that augment or enhance the then-current services on the Brandove Platform shall also be subject to these Terms and Conditions of Use.
Registration Data and Privacy
In order to access certain services or features on the Brandove Platform, you are required to use an account and password. You may obtain an account and password only by completing our online registration form. The online registration form requests certain information and data ("Registration Data"). You are required to maintain and update your Registration Data as your information and data may change. By registering, you agree that all information provided in the Registration Data are true and accurate and that you will maintain and update this information as and when required, keeping it current, complete, and accurate. In the event wherein the information disclosed by you is identified as inaccurate/false, we have all the rights to delete your account and block all activities carried on the Brandove Platform. Further we do not have/share any liability in the event of any financial loss or any form of damages due to the inaccurate information provided by the user of the Brandove Platform.
You warrant that your right to publish/market/sell your product on the Brandove Platform, is subject to the prior approval to be given by the internal committee of Brandove. You understand and agree that you will be able to market your goods and services on the Brandove Platform only after you duly submit the necessary information mandatorily required in order to process transactions via NEFT or other methods of internet banking. You hereby authorise Brandove to store your bank account details and surface them to other users when they want to make a transfer.
Conduct on Brandove Platform
Your use of the Brandove Platform is subject to all applicable laws and regulations, and you are solely responsible for the substance, results and consequences of your communications through the Brandove Platform. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Brandove Platform, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Brandove Platform may be available to you or other authorized users of the Brandove Platform. You shall not interfere with anyone else's use and enjoyment of the Brandove Platform or any associated services or features. Users who violate systems or network security may incur criminal or civil liability in accordance with the law of the land.
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
You acknowledge that we neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Brandove Platform. We have no obligation to pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Brandove Platform. However, we may elect to pre-screen, monitor or edit any content. Additionally, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions of Use and any other rules of user conduct for our Brandove Platform, or is otherwise harmful, objectionable, or inaccurate. You agree that we are not responsible for any failure or delay in removing such content. You hereby consent to any such removal deemed appropriate by us, and, you waive any claim against us arising out of such removal of content and agree to indemnify and hold us harmless from any and all claims asserted based upon such removal. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on the Brandove Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.
You agree that we may, at any time and at our sole discretion, terminate your membership, account, or other affiliation with our Brandove Platform without prior serving any notice to you for violating any of the above Terms and Conditions of Use and associated provisions. Upon such termination, you agree that we may remove any and all material or content that you may have posted to our Brandove Platform. In addition, you acknowledge that we do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.
Third Party Sites and Information
The Brandove Platform may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we are responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience to you and does not imply endorsement of, or association with, the Brandove Platform or party by us, or any warranty of any kind, either expressed or implied. Brandove has zero liability in the event of any failure in any transaction on a third party’s platform. Brandove also will have NO LIABILITY related to products, services, quality of the product and or delays in delivery of any product, dissatisfaction due to redirection, transaction, and interaction with third party wherein a third party is selling, promoting, using Brandove Platform/ Mobile Application to reach out to the users. Brandove does not share or holds any liablity for the accuracy and compliance, legality, decency or any other aspect to the content/claim posted by the sellers/brands on Brandove Platform/ Mobile Application which might instigate action by a user.
Intellectual Property Information
For purposes of these Terms and Conditions of Use, we define "content" as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Brandove Platform. This includes message boards, chat, and other original content.
By accepting these Terms and Conditions of Use, you acknowledge and agree that all content presented to you on the Brandove Platform may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Brandove and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Brandove Platform in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Brandove Platform. The content available on Brandove Platform/ Mobile Application can be used by Brandove for its own commercial purposes. The user/poster of the content on Brandove Platform/Mobile Application gives exclusive right to Brandove for the usage of the content. Any unauthorized use of the materials appearing on the Brandove Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties in accordance with the law of the land. Brandove will not be liable for any liability wherein the user shares the content to a third party’s platform. It remains the sole liability of the user who has shared the content which is unlawful / offensive.
Neither we nor our Affiliates warrant or represent that your use of any materials displayed on, or obtained through on the Brandove Platform will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on the Brandove Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary right of any party. The user is alone liable for creating/reproducing the content on Brandove Platform/ Mobile Application. Brandove has no liability in the event wherein the user has violated the copyright, patent, trademark of any third party.
The Brandove Platform may include and make available custom graphics, icons, logos and service names, all of which are trademarks or service marks of Brandove or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms and Conditions of Use grants you any right to use any trademark, service mark, logo, and/or the name of Brandove or its Affiliates for any purpose whatsoever without the prior written approval of an authorized representative of Brandove.
Chat Box Messages
Brandove will retain your messages (including your chats, photos, videos, messages and files) for internal quality purposes but Brandove will not be responsible for any information shared between the users. The information and other details shared for any potential transaction occurring at Brandove Platform/Mobile Application is at their individual risk and Brandove shares zero liability in the event of any damages arising out of such transaction. The exchange of information is solely between the users of Brandove Platform / Mobile Application. This means that both the users are directly responsible to each other for their information shared on the chat window of Brandove Platform / Mobile Application.
Unauthorized Use of Materials
We view the removal or "take down" of content from the Brandove Platform as a significant step. Consequently, if you believe your copyright has been infringed by a posting on the Brandove Platform, we ask that you send notification to our Designated Agent (as identified below).
To be effective and to support immediate removal of the allegedly infringing material or content, your notification to our Designated Agent needs to include the following:
- Detailed identification of your copyrighted or otherwise protected work that you believe has been infringed.
- Identification of the specific content or material on the Brandove Platform that you claim is infringing your copyrighted or otherwise protected work identified in item #a above.
- Your contact information (email address preferred).
- Contact information for the owner/administrator of the allegedly infringing webpage or other content (email address preferred).
- You must also include the following statements in your written notification:
- I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
- I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You must then sign your written notification.
- Finally, send the completed written notification to our Designated Agent at the following address:
- Designated Agent for Claimed Infringement:
- Contact: firstname.lastname@example.org
- Address: C-91, Sector-26, Noida - 201301
- Phone: 9871012009
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THE BRANDOVE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
THE BRANDOVE PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE BRANDOVE PLATFORM AT ANY TIME WITHOUT SERVING ANY NOTICE TO YOU. THE MATERIALS OR SERVICES AT THE BRANDOVE PLATFORM MAY BE OUT OF DATE. WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOUR USE OF ANY SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE BRANDOVE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, ELECTRONIC AND DIGITAL FILES OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES.
Through your use of the Brandove Platform, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller/purchaser of such merchandise or services and you. You agree that neither Brandove nor its Affiliates shall be a party to any commercial contract between you and any sellers/purchasers.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS OR ANY OF OUR AFFILIATES, ADVERTISERS, USERS BY MEANS OF POSTING/REPRODUCING ANY CONTENT, CHAT MESSAGES.
Content available through the Brandove Platform often represents the opinions and judgments of an information provider, Brandove Platform user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Brandove spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the services available through the Brandove Platform may occur. You further understand and agree that we have no control over third party networks you may access in the course of your use of the Brandove Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services and features available on the Brandove Platform are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE BRANDOVE PLATFORM OR OF ANY OTHER WEBSITES REFERENCED OR LINKED TO FROM THE BRANDOVE PLATFORM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE BRANDOVE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE BRANDOVE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION. IN NO EVENT SHALL BRANDOVE BE HELD RESPONSIBLE FOR ANY DELIVERY OR DISPATCH RELATED ISSUES.
YOU UNDERSTAND AND AGREE THAT WE PROVIDE THE SERVICES AND FEATURES ASSOCIATED WITH THE BRANDOVE PLATFORM CONDITIONED ON YOUR UNDERSTANDING OF, AND AGREEMENT WITH, THE PRESCRIBED LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF USE. BUT FOR YOUR AGREEMENT WITH THESE LIMITATIONS AND DISCLAIMERS, WE WOULD NOT PROVIDE THE SERVICES SET FORTH HEREIN. CONSEQUENTLY, YOU SPECIFICALLY AGREE THAT YOU UNDERSTAND AND AGREE TO THESE LIMITATIONS AND DISCLAIMERS.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Brandove Platform, its services or features. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
All the provision shall survive even after the expiration of the understanding between Brandove and the user, the provisions of the terms and conditions will remain alive in full spirit and Brandove perpetually would retain the rights as laid down in this terms and conditions wherein the user of Brandove Platform / Mobile Application remains bound by their obligations as specified in this terms and conditions even after the expiration of the understanding between Brandove and the user.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account. You are solely responsible for all statements made and acts or omissions that occur through the use of your password and account, whether by you or another party in possession of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account and fail to comply with any of the provisions of the terms and conditions mentioned herein.
Participation in Promotions
From time to time, the Brandove Platform may include advertisements associated with offers by third parties. You may feel free to enter into correspondence with or participate in promotions of any advertisers showing their products on the Brandove Platform. Any such correspondence or promotions, including the delivery of, and the payment for, goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree that we have no liability, obligation or responsibility for any aspect of your correspondence or transactions with the advertiser. You also understand that the inclusion of an advertisement on the Brandove Platform does not constitute our endorsement of any offer or promotion associated with that advertisement, nor, does it constitute endorsement of any entity associated with or responsible for the advertisement. You assume all risk associated with any correspondence or transaction with the advertiser.
E-mail, Messaging, Blogging, and Chat Services
At our sole discretion, we may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited Communications between parties. Regardless, you agree that we are not responsible for any legitimate Communication that is blocked, or for any unsolicited Communication that is not blocked.
Although the Brandove Platform may be accessible worldwide, we make no representation that materials on the Brandove Platform are appropriate or available for use in locations outside India or that the Brandove Platform complies with any country's privacy laws. Accessing the Brandove Platform or materials from territories where the content is deemed illegal is prohibited. If you access the Brandove Platform from locations outside the India, you do soon your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Brandove Platform is void where prohibited.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Brandove Platform with or without serving any notice to you and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the Brandove Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Brandove Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Governing Law, Venue, Arbitration
The Brandove Platform (excluding any linked sites) is controlled by us from our office within the state of Haryana. It can be accessed from all states of India, as well as from other countries around the world. As each of these places has laws that may differ from those of India, by accessing the Brandove Platform, both of us agree that the statutes and laws of the India, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Brandove Platform and the purchase of products and services available through the Brandove Platform. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction or arbitrator in Gurgaon with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or via conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or at C-91, Sector - 26, Noida - 201301, if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Brandove Platform to inform you of changes to the Brandove Platform or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. For any technical query/issues you can write us on firstname.lastname@example.org.
These Terms and Conditions of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Brandove Platform is in conflict or inconsistent with these Terms and Conditions of Use, these Terms and Conditions of Use shall take precedence.
In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney's fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms and Conditions of Use to any party whatsoever without any permission from you.
You agree not to replicate, duplicate, copy the content, art work of any users of Brandove and/or any third party and also of Brandove on the Brandove Platform/Mobile Application.
In addition, you agree that we are excused from liability for non-delivery or delay in delivery of products and services available through the Brandove Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, power outage, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.
Except as explicitly noted on the Brandove Platform, the services available through the Brandove Platform are offered by Brandove Private Limited, located at C-91, Sector - 26, Noida - 201301. Our telephone number is 9871012009. If you notice that any user is violating these Terms and Conditions of Use, please contact us at email@example.com.
If you have any grievances with respect to the Platform or the Service or any other related issue, you can contact our grievance officer at: E-mail: firstname.lastname@example.org Brandove will take immediate action and address the issue at the earliest. The Sellers (who sells their products/services on the Brandove Platform)will be completely responsible for the quality of the Products but Brandove will only ensures the quality of web/mobile application services. Please refer to our Sellers Terms and Conditions for more information.
Terms and Conditions (Sellers) (Last updated on May 9, 2017)
PLEASE READ EACH AND EVERY PROVISION OF THIS TERMS AND CONDITIONS CAREFULLY:
These Terms and Conditions mentioned herein below are specifically for the Sellers who are purchasing the “Digital Inventory” button in order to directly sell their products and services using the Brandove Platform/ Mobile Application but is subjected to prior acceptance to the provisions of the Terms and Conditions laid down below.
Acceptance and Parties
By clicking on the check box or “I Agree”/Accept” button construes your acceptance of this Terms and Conditions in addition to the General Terms and Conditions. These terms and conditions of the Digital Inventory Services are by and between Brandove and “the Seller” (who sells their products and services on the Brandove Platform). It is further clarified that the Seller and Brandove individually referred to as “Party” and collectively as “Parties”. A buyer is the user who lands on the page of Brandove and buys or shows the intent to buy the products which are displayed by the Seller on Brandove Platform. The General Terms and Conditions are to be adhered by all users/customers who browse through the page of Brandove/ purchases any product which is put in display by the Seller.
Marketing Tools/Support, Products, Availability of products
The Seller will keep informed Brandove at all times about the availability of the products and services in its inventory along with detailed specifications like size, colour, texture and other related specification as may be required of the product. Order once placed on the Brandove Platform by the customer shall have to be honoured by the Seller at all costs. In the event of any loss incurred due to unavailability of product and services / false information / product undelivered, damaged product, Brandove has zero liability towards the seller, customer or any other third party involved in the transaction.
Brandove as such shall not charge any fee for providing display on the Brandove Platform/ Mobile Application; however it charges a one-time payment for the Digital Inventory button from the Seller under different categories. The Seller has an option to buy the categorized Digital Inventory button offered by Brandove and pay the requisite amount.The Seller hereby gives consent to Brandove to store the information provided in the registration form and re-use the provided information as and when required. In the event when the product of the Seller is Out of Stock / does not have inadequate services for the delivery of the product, either on Brandove Platform or Brandove Chat box or calling services or if redirected to a third party’s platform through Brandove Platform the Seller must activate/mark the Out of Stock button. When the product is again in stock, the seller can activate/mark the product in-stock. In any event it is the liability and onus upon the Seller to do the needful. It may also be noted that in the event if there is any failure in completion of the transaction while making the payment by the Seller then Brandove will have zero responsibility to retrieve the paid amount and will not consider it to be a payment. Brandove will only consider a transaction to be valid when the payment is successful.
Chat Box Messages
Brandove will retain your messages (including your chats, photos, videos, messages and files) for internal quality purposes but Brandove will not be responsible for any information shared between the Seller and the Customer. The information and other details shared for any transaction occurring at Brandove Platform/Mobile Application is at their individual risk and Brandove shares zero liability in the event of any damages arising out of such transaction. The exchange of information is solely between the Seller and the Customer. This means that the Seller and the Customer is directly responsible to each other for their information shared on the chat window of Brandove Platform / Mobile Application. The final deal between the Seller and Customer will be closed in accordance with the terms decided between them wherein Brandove has no role to play and is not responsible for any act related to it.
Order, Handling, Delivery
The Seller shall upon receipt of the order from buyer immediately arrange to deliver the products to the designated address as early as possible but in any case Brandove as a good practice would advise the seller that the dispatch shall be made within 30 days of the receipt of the Order. In case the Seller fails to dispatch the product within the aforesaid time, it has to return the amount received back to the Customer forthwith. No delay in returning the amount is permissible and any delay caused shall be considered as breach of the provisions of this Terms and Conditions and it shall be one of the cause for deletion of the registered account of the Seller. The necessary guarantee/warranty shall be provided by the Seller to the Customer. The Seller agrees to replace the defective products supplied to the Customer at its own cost and shall not hold Brandove responsible in any manner whatsoever. For avoidance of doubts it is clarified that defective would mean and include but is not limited to wrong product, damaged product, mis sized product and any other shortcoming which the Customer may point out. It may also be noted that all transactions between the Customer and the Seller is at their own risk.
Covenants of Seller
The Seller hereby covenants with Brandove as under:
To deliver the product of the Ordered specifications/description only including quantity and quality prescribed in the Order and there should be no instance of wrong item being delivered and/or quality issue and/or issue of Non delivery. Further, the Seller shall maintain adequate stock/inventory of the items at all times. In case the Seller is running out of supplies or is likely not to fulfill the Order received or has inadequate services available at its end, it shall intimate the buyer/ and update on the Brandove Platform/ Mobile Application.
Not to send any kind of promotion material or any such material, which is, derogatory to and/or adverse to the interests financial or otherwise of Brandove, to the customer either along with the products supplied or in any manner whatsoever.
Not to do any act/deal in a thing / products/goods/services which are either banned/prohibited by law or violates any of the intellectual property right of any party in respect of such product or services.
Not to send any kind of promotion material or any such material, which is, derogatory to and/or adverse to the interests financial or otherwise of Brandove, to the customer either along with the products supplied or in any manner whatsoever.
The Seller declares that it has all rights and authorisations in respect of intellectual property rights of third parties and is authorised to sale/provide/licence such products to the customer. The copy of such authorization shall be provided on demand without failure and/or protest.
The Seller agrees to indemnify and keep indemnified Brandove from all claims/losses (including advocate fee for defending/prosecuting any case) that may arise against Brandove and its affiliates due to acts/omission on the part of the Seller
To provide Brandove, for the purpose of the creation/display on website of Brandove Platform, the product description, images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale.
To ensure and not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party or of inaccurate, false, incorrect, misleading description or is derogatory in nature. Further it will forward the product description and image only for the product which is offered for sale through the website/application of Brandove. The Seller agrees that in case there is violation of this covenant, it shall do and cause to be done all such acts as are necessary to prevent disrepute being caused to Brandove
To provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. The Seller agrees not to provide any such description/information regarding the product which amounts to misrepresentation to the customer.
To be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through portal of Brandove
To raise an invoice as well as receipt of payment in the name of Customer for an amount equivalent to the displayed MRP or the negotiated amount on the online store to the customer and paid by/charged to the customer.
Not to offer any Products for Sale on the Application, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws.
To provide satisfactory proof about the ownership/licences of all the legal rights in the Products that are offered for sale on the Brandove Platform/ Mobile Application as and when demanded by Brandove.
To pass on the legal title, rights and ownership in the Products sold to the Customer.
To be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Seller. No claim of whatsoever nature will be raised on Brandove
The Seller shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc.
To provide to Brandove the copies of any document required by Brandove for the purposes of performance of its obligations under this terms of understanding within 48 hours of getting a written notice from Brandove.
To seek advance written approval from Brandove, prior to release of any promotion/advertisement material, in so far as the same relates to services offered pursuant agreeing to the terms and conditions.
Rights of Brandove
Seller agrees and acknowledges that Brandove, at all times during the continuance of this association, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Seller without any prior intimation to Seller in the event the said text, image, graphic is found to be in violation of law, breach of any of the provisions of the terms and conditions of Brandove Website/ Mobile Application. In such an event, Brandove reserve the right to forthwith remove/close the online store of the Seller without any prior intimation or liability to the Seller. In such event Brandove will not return the fee amount paid by the seller and will have zero liability for any expected damages/loss claimed by the Seller.
At any time if Brandove believes that the services are being utilized by the Seller or its Customer/(s) in contravention of the provisions of this Terms and conditions then Brandove shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to the Seller or the Customer as the case may be, forthwith remove/block/close the of the Seller and furnish such details about the Seller and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.
The Seller indemnifies and shall hold indemnified Brandove, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Seller’s product, the breach of any of the Seller’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this terms and conditions or arising out of the Seller infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc . For the purpose of this clause reference to the Brandove shall also include the Mobile Operators and such other agencies through whom Brandove shall make the Application available to the Customers.
All the provision shall survive even after the expiration of the understanding between the Parties the provisions of the terms and conditions will remain alive in full spirit and Brandove perpetually would retain the rights as laid down in this terms and conditions wherein the Seller remains bound by their obligations as specified in this terms and conditions even after the expiration of the understanding between the Parties.
Limitation of Liability Brandove on the basis of representation by the Seller is marketing the products of the Seller on its Application, “Brandove”to enable Seller to offer its products for sale through the said application. This representation is the essence of the Contract. It is expressly agreed by the Seller that Brandove shall under no circumstances be liable or responsible for any loss, injury or damage to the Seller, customer or any other party whomsoever, arising on account of any transaction under these Terms and Conditions or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Seller agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through the mobile application Brandove (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold Brandove and its affiliates harmless and indemnified against all such claims and damages. Further Brandove shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Seller or any of its representatives.
Brandove under no circumstances will be liable to the Seller for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of the Digital Inventory Services, regardless of the type of claim and even if the Seller has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Seller to have been deliberately caused by Brandove.
Intellectual Property Rights
The Seller expressly authorises Brandove to use its trademarks/copyrights/ designs /logos and other intellectual property owned and/or licenced by it for the purpose of reproduction on the website, mobile application and at such other places as Brandove may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this terms of the buying the Digital Inventory button, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.
The contents of the agreement and any information passed on by Brandove to the Seller is highly confidential in nature and the Seller agrees and undertakes to maintain the confidentiality of the information and user/customer data disclosed, generated or made available to Seller under this expressed terms and conditions. The said information shall not be used by the Seller or its agents, servants, representatives or any person acting through or claiming through the Seller for any purpose other than for the performance of its obligations under this terms and conditions. The Seller agrees that the unauthorized disclosure or use of such information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, Seller agrees that Brandove shall have the right to obtain an immediate injunction from any court of law ensuing breach of the provisions of the terms and conditions and/or disclosure of the Confidential Information. Brandove shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.
Relationship of Parties
Nothing under this terms and conditions will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. Brandove shall not be responsible for the acts or omissions of the Seller and Seller shall not represent the acts of Brandove, neither has any power or authority to speak for, represent, bind or assume any obligation on behalf of the other.
Force Majeure and Technical Faults
Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this terms and conditions due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods or any technical fault in the Brandove Platform or Brandove Mobile Application.
If any dispute arises between the Parties hereto during the subsistence of this terms and conditions or thereafter, in connection with or arising out of this terms and conditions, the dispute shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996, by a sole arbitrator. The arbitrator shall be appointed in accordance with the mutual consent of the disputed parties. The cost of the arbitration shall be shared mutually. Arbitration shall be held at Gurgaon, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
Last Updated May 9, 2017
Brandove Private Limited (“Brandove ”) is committed to giving its users the best possible experience. To that end, we try to assemble content that we think complements what we are doing. Users can create stories, including images, text, videos and other media.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Company's Copyright Agent for notice of claims of copyright infringement on its site can be reached at: email@example.com
Last Updated May 9, 2017
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Brandove Platform, register on the Brandove Platform, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Brandove Platform. Users may be asked for, as appropriate, name, email address, mailing address, phone number, fax numbers, or other identifying information. We will collect personal identification information from Users if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, recognizing that such refusal may prevent a User from engaging in certain Brandove Platform-related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Brandove Platform. Non-personal identification information may include the User's browser name, type of computer and technical information about User's means of connection to our Brandove Platform, such as the User's operating system, the Internet service providers and other similar information.
Web browser cookies
How we use collected information
Brandove collects and uses a User's personal information primarily for the following purposes:
- To personalize the User experience. We may use information in aggregate to understand how our Users as a group use the services and resources provided on our Brandove Platform.
- To improve our Brandove Platform, we continually strive to improve our Brandove Platform offerings based on the information and feedback we receive from you.
- To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.
- To send periodic emails. The email address Users provide for order processing will be used to send information and updates pertaining to a User's order. The email address may also be used to respond to a User's inquiries, and/or other requests or questions. If a User decides to opt-in to our mailing list, the User will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or the User may contact us via our Brandove Platform.
How we protect your information
We adopt what we believe to be adequate and appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information, and data stored on our Brandove Platform. Because of changing technology and improving sophistication of hackers and persons seeking unauthorized access to our system, we cannot guarantee that our security measures will be successful; but we will put forth a good faith effort to protect your information as set forth in this Policy.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Third party Websites
Your acceptance of these terms